Saraswati Education Prasarak Mandals Through Its Secretary And Others v. The Union Of India Through Secretary And Others

2024:BHC-AUG:16567-DB Corrected copy : corrections have been carried out in view of the speaking to the minutes of the order dated 06.08.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 975 WRIT PETITION NO.8102 OF 2024 Sartaj Education & Welfare Society, Parli Tq. Parli Dist. Beed through its Secretary Shaikh Quadeer Mohammed Naseer The Finance Department Government of Maharashtra, through its Secretary 503, (Main) 5th Floor Mantralya, Hutatma Rajguru Chouk Madam Kama Road, Mumbai - 400 032 State of Maharashtra Directorate, of Primary Education, Dr. Aani Bezant Road Central Building Pune - 411 001 Zhillha Parishad Beed Advocate for Respondent No.1 - UOI : Mr. Bhushan Kulkarni AGP for Respondents/State : Mrs. K.B. Patil Bharaswadkar Advocate for respondent No.5 : Mr. P.D. Suryawanshi AND 981 WRIT PETITION NO.8123 OF 2024 Saraswti Education Prasarak Mandal's Bhalgaon Tq. Patharadi Dist. Ahmednagar through its Secretary Ashok S/o Pandurang Kharmate 1/5

Indrayani Shikshan Sanshta Khedale (P), Tq. Newasa Dist. Ahamadnagar through its President, Mohiniraj S/o Bhaskar Hon, Mauli Shikshan Sanshta Supa, Tq.Parner Dist. Ahamadnagar through its Secretory, Aniket S/o Dadasaheb Pathare, Sanskar Pratishthan's, Ralegan-Shiddhi Tq.Parner Dist. Ahamadnagar through its President, Jalindar S/o Dadabhau Mapari, Kai.Shankarseth Lodha Memorial, Education Society Sonai Tq. Newasa Dist. Ahamadnagar.

Through its Secretory, Paresh S/o Omprakash Lodha, 6.

Chatrapati Sambhajiraje Public School, Akhegaon Tq.Newasa Dist. Ahamadnagar.

through its President, of Chhatrapati Sambhaji Maharaj Krishi Shikshan Vikas Va Bahuuddeshiya Prabodhini's Shevgaon Dist. Ahmednagar Shivaji S/o Kisanrao Kate 7.

Indrayani Bhauuddeshiya Adhyatmik, Shikshan Sanshta Pingewadi, Tq.Shevgaon Dist. Ahamadnagar, through its Secretory, Sachin S/o Pandurang Vaidya, 8.

Khrist Niwas Trust's, Ghodegaon Tq. Newasa Dist. Ahamadnagar, through its Secretory, Neelmani Toppo 2/5

The Finance Department Government of Maharashtra, through its Secretary 503, (Main) 5th Floor Mantralya, Hutatma Rajguru Chouk Madam Kama Road, Mumbai - 400 032 State of Maharashtra Directorate, of Primary Education, Dr. Aani Bezant Road Central Building Pune - 411 001 Zhillha Parishad Ahmednagar.

Advocate for UOI : Mr. Bhushan Kulkarni AGP for Respondents: Mr. D.R. Korde Advocate for respondent No.5 : Mr. Satish B. Parnere AND 982 WRIT PETITION NO.8124 OF 2024 Bhagwanbaba Shikshan Prasarak Va Samajik Sanshta Ansurda Tq. & Dist. Dharashiv through its President Bhaskar s/o Prabhakar Bondar The Finance Department Government of Maharashtra, through its Secretary 503, (Main) 5th Floor Mantralya, Hutatma Rajguru Chouk Madam Kama Road, Mumbai - 400 032 State of Maharashtra Directorate, of Primary Education, Dr. Aani Bezant Road Central Building Pune - 411 001 3/5

Zhillha Parishad Dharashiv Advocate for Respondent No.1 - UOI : Mr. Sadanand Sadashiv Deve AGP for Respondents/State : Mr. P.P. Dawalkar Advocate for respondent No.5 : Adv. B.B. Bhise

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 01.08.2024 PER COURT:

Leave granted to correct title. Amendment to be carried out forthwith.

Issue notices to the respondents for final disposal. Learned advocate Mr. Bhushan Kulkarni waives service for respondent No.1. Learned AGP waives service for respondent Nos.2 and 3. Learned advocate Ms. B.B. Bhise waives service for respondent No.5. All these petitioners are the Educational Institutes running schools. They are seeking reimbursement of fees in lieu of admitting 25% students under the provisions of Right of Children to Free and Compulsory Education Act, 2009.

Though the respondent No.1 - Union of India has taken over burden to share some of such reimbursement, essentially, the State authorities respondent Nos.2 to 5 are supposed to undertake the scrutiny regarding entitlement of such petitioners seeking reimbursement. 4/5

In the light of above, the prayers in all these petitions are innocuous.

6.

The writ petitions are disposed of directing the respondent Nos.2 to 5 to immediately undertake scrutiny of the proposals of each of these petitioners, claiming reimbursement, by undertaking necessary inquiry which shall happen, as expeditiously as possible and to be concluded in any case within six weeks. The petitioners shall be reimbursed to the extent found entitled to after such inquiry, within four weeks thereafter.

(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 5/5